Blog

07 Sep WHAT DO YOU MEAN I CAN’T SAVE MY HOME IF A POWER OF ATTORNEY IS USED?

Posted at 09:02h in Beneficiary, Disability Benefits, Estate Planning, Financial Powers of Attorney, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Retirement, Trusts

One of the most common misconceptions is that a Power of Attorney will be recognized by all financial institutions and title companies. Due to concerns about abusive actions of agents and potential liability, financial institutions and title companies often do not recognize financial Powers of...

02 Sep ATF RULE CHANGE — A SMALL SHOT AT GUN TRUSTS

Posted at 09:12h in Michael Cohen Dallas Elder Lawyer, Trusts

The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) has announced rule changes which now require each responsible person of a corporation, trust, or legal entity to complete a specified form (concerning transferring certain types of NFA items such as short barreled riffles, suppressors, and...

26 Aug SHARP DIFFERENCES IN PRESIDENTIAL CANDIDATES PROPOSED ESTATE TAX CHANGES

Posted at 22:54h in Asset Protection, Divorce, End of Life Care Planning, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Taxes, Transfer of Death, Trusts

Although it is unlikely that the proposed estate tax change of either presidential candidate will be enacted as is, there is a stark contrast which should be considered for those interested in estate planning. If Clinton’s estate tax proposals were to become effective, there would be...

11 Aug SPECIAL NEEDS TRUST FAIRNESS ACT GETS CLOSER TO APPROVAL

Posted at 09:04h in Beneficiary, Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust, Trusts

The U.S. House Energy and Commerce Committee approved the Special Needs Fairness Act on July 13, 2016, as part of a package to improve Medicaid. The House bill had 26 co-sponsors including local Representative Pete Sessions. This legislation, which has already passed the Senate Committee,...

04 Aug MICHAEL B. COHEN SETS LEGAL PRECEDENCE IN WILL REFORMATION CASE

Posted at 09:10h in Elder Justice, Estate Planning, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust, Trusts, Wills

Last year, our state legislature revised the Estates Code whereby the will of one who is deceased could be modified or reformed by a court for either tax reasons or in connection with qualification or eligibility for public benefits. About one month after the law...

28 Jul ARE ESTATE PLANNING LEGAL FEES TAX DEDUCTIBLE?

Posted at 09:12h in Business, Estate Planning, Michael Cohen Dallas Elder Lawyer, Taxes

Although this author is not an accountant (and one should discuss his or her own individual tax situation with his or her personal accountant), I am often asked if estate planning fees are tax deductible. The answer is sometimes it is, and sometimes it is...

21 Jul DALLAS AMBUSH: GUN CONTROL FROM AN ESTATE PLANNER’S PROSPECTIVE

Posted at 09:03h in Estate Planning, Michael Cohen Dallas Elder Lawyer, Trusts

The recent despicable murders of Dallas and Baton Rouge policemen in addition to the inexcusable killings in Orlando by another deranged madman has raised gun control issues to the forefront. Our nation and our police forces are on high alert as tensions are at the...

14 Jul FINAL VA RULES PRESENTLY EXPECTED TO BE RELEASED IN DECEMBER

Posted at 09:13h in Asset Protection, Assisted Living, Charitable Giving, Michael Cohen Dallas Elder Lawyer, Nursing Home, Veterans

As previously reported in the Texas Elder Law E-letter, it is anticipated the Department of Veterans Affairs (VA) will be changing its regulations making it more difficult for veterans or the surviving spouse of a veteran who served in wartime from obtaining benefits particularly when...

07 Jul ALZHEIMER’S DISEASE CAUSED BY BRAIN’S DEFENSE SYSTEM?

Posted at 09:13h in Alzheimer’s, Dementia, Elder Justice, Michael Cohen Dallas Elder Lawyer

A Harvard research team has hypothesized that when a virus, fungus or bacterium gets into the brain through a membrane, which is likely to leak as we age, the brain’s defense system creates sticky proteins called beta amyloid. After the infection has been successfully fought,...

30 Jun “GRANNY GOES TO JAIL” LAW – AGAIN!

Posted at 09:06h in Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage

In an effort to avoid payment of public benefits, the Pennsylvania Department of Human Services recently attempted a ploy that would even make Attila the Hun, the barbaric military leader, blush. Although the Third Circuit Court ruled against the state, it seems shocking to the...